Amicus Curiae - Refugee determination
I v The Refugee Appeals Tribunal & Others (December 2008)
In January 2008, the IHRC was invited by the High Court to appear as amicus curiae in the proceedings I v The Refugee Appeals Tribunal & Others. The case involved how refugee determination proceedings should be conducted and specifically whether there was a duty on the Refugee Appeals Tribunal (RAT) to consider available evidence in its possession in relation to questions not raised by an asylum seeker in her or his Notice of Appeal.
The case was heard in June 2008 and the IHRC made written and oral submissions. In December, Mr Justice Herbert ruled along the lines suggested by the IHRC, holding that the legal rule which would preclude a matter not raised in the Notice of Appeal being argued at hearing should not be applied when there are special circumstances, such that to apply the rule in those circumstances would result in a serious injustice.